Digital Commons Network^™

Is "In The Interests Of Justice" In The Interests Of Lawyers? A Question Of Power And Politics, Carroll Seron

Fordham Law Review

No abstract provided.

The Belated Decline Of Literalism In Professional Repsonsiblity Doctrine: Soft Deception And The Rule Of Law, William H. Simon

Fordham Law Review

No abstract provided.

Constructing The Practices Of Accoutability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Fordham Law Review

No abstract provided.

The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner

Fordham Law Review

No abstract provided.

Five Lessons For Practicing Law In The Interests Of Justice, Fred C. Zacharias

Fordham Law Review

No abstract provided.

Inside Unlv, Diane Russell, Richard Jensen, Andy Grossman, Kevin Force

Inside UNLV

No abstract provided.

The Bounds Of Zeal In Criminal Defense: Some Thoughts On Lynne Stewart, Abbe Smith

Georgetown Law Faculty Publications and Other Works

What caused Lynne Stewart, after more than two decades of defense lawyering in the best tradition of the legal profession to cross the line? Holding aside the political climate of the times, did Stewart's approach to lawyering--whether in political or not terribly political cases--lead to her demise? Is her approach to lawyering different from most of the bar?

This paper discusses the conduct that led to Stewart's prosecution and her approach to lawyering generally. The author examines whether her view of zeal and devotion is at odds with the prevailing ethics and ethos of defense lawyering, and, if not, what …

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal …

A Guide To Researching The Caribbean Court Of Justice, Rhea P. Hamilton

Brooklyn Journal of International Law

No abstract provided.

Governance Within The Navajo Nation: Have Democratic Traditions Taken Hold?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This essay crafts a description and analysis of the political and institutional context, structures, and issues of the Navajo Nation's government. We begin with a demographic, institutional, and ideological assessment of the nation as its currently stands, move to a historical overview of the nation from precontact times to the 1989 riots and conclude with a short policy portfolio of three issues—land claims, gaming, and taxation—that will likely impact the shape and direction the nation will head into the twenty-first century.

The New Cigarette Paternalism, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

Smoking is by far the largest single risk that most people take. Perhaps in part because of that prominence, smoking has been the target of a wide variety of regulations and legal actions. The controversy over tobacco products is at least four centuries old, but it has been largely over the past half-century that the diverse wave of public policy initiatives against tobacco products has emerged. Within a standard economic framework of consumer choice, there would seem to be little impetus for broadly based government efforts to discourage smoking. The risks of smoking are largely borne by the consumers who …

Trapped By A Paradox: Speculations On Why Female Law Professors Find It Hard To Fit Into Law School Cultures, Beverly I. Moran

Vanderbilt Law School Faculty Publications

Feminist psychologists postulate that women are more people focused than men and therefore less likely to be attracted to rule oriented cultures that do not take into account personal differences and needs. This work postulates that the opposite is true of males and females who are attracted to law school teaching. Instead of rule oriented men and people oriented women, the legal academy is populated by women who believe that rules are meant to protect the weak against the tyranny of the strong and who then find themselves in "female" cultures ruled by men.

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor

Faculty Publications

To assist courts, the National Center for State Courts, in partnership with the Illinois Institute of Technology's Institute of Design and the Chicago-Kent College of Law, launched a research project to examine court processes and recommend modifications to eliminate or reduce procedural barriers to access for self-represented litigants. The projects had three major tasks: (1) to identify major barriers to access to justice that self-represented litigants encounter due to court procedures and administrative requirements; (2) to employ system design methodology to redesign court processes to remove those barriers, and (3) to translate the conceptual model for redesigned court system into …

Professional Discipline For Law Firms? A Response To Professor Schneyer’S Proposal, Julie R. O'Sullivan

Georgetown Law Faculty Publications and Other Works

Model Rule of Professional Conduct 5.1(a) requires individual partners to make "reasonable efforts" to ensure that their firm has measures in effect that give "reasonable assurance" that all lawyers in the firm conform to ethical rules. Similarly, Model Rule 5.3(a) imposes upon individual partners the obligation of making "reasonable efforts" to ensure that the firm has measures in place giving "reasonable assurance" that the conduct of non-lawyers affiliated with the firm is compatible with the partner's professional obligations. These rules were adopted to encourage firms to create firm cultures and institute prophylactic policies and procedures--an "ethical infrastructure"--that would prevent misconduct …

When Lawyers And Law Firms Invest In Their Corporate Clients’ Stock, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

I will state my conclusion at the outset. I am not convinced that lawyers' investments in clients in lieu of fees are problematic enough from a conflicts standpoint that the rules of professional responsibility should treat them as presumptively inconsistent with the lawyer's fiduciary responsibility. Lawyers' investments in their clients do raise interesting and unsettling issues, but these issues are not qualitatively different from issues raised by many other norms or practices within the legal profession that also threaten lawyerly objectivity. Indeed, in contrast to some other practices, these fee arrangements can, in some respects, enhance objectivity, or at least …

Corporate Norms And Contemporary Law Firm Practice, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Larry Mitchell's book describes the movement toward share price maximization by corporate managers. More intensive market competition both domestically and abroad has led managers to believe that their corporations have little choice but to focus on short-term profits. This practice leads to greater instability for corporate workers and efforts to externalize other costs on third parties. It also intensifies the erosion of "local" cultural practices that are seen as impediments to profit maximization, whether they are associated with countries abroad, communities in the United States, or within the corporation itself. In this process, the norms of the market gain increasing …

An Overview: International Human Rights And Mental Disability Law, Michael L. Perlin

Articles & Chapters

No abstract provided.

Poverty And Equality: A Distant Mirror, Gene R. Nichol

Michigan Law Review

In one sense, Joel Schwartz's new effort, Fighting Poverty with Virtue, is tremendously timely. Bill Clinton's Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was designed to "end welfare as we know it," turning greater attention to poor people's habits than to their pocketbooks. George Bush's compassionate conservatism is meant to pick up the pace, overtly seeking "to save and change lives." The White House's ominously entitled "Office of Faith-Based and Community Initiatives" is apparently set to unleash new waves of moral reformers. Schwartz's book seeks to provide moral, philosophical and historical sustenance for these initiatives. He focuses on …

Bulletin 2002-2003, Seattle University School Of Law

Viewbooks

No abstract provided.

Current Issues In The Changing Roles And Practices Of Community Economic Development Lawyers, Susan R. Jones

GW Law Faculty Publications & Other Works

This Article, part of a symposium entitled "Lawyering for a New Democracy," explores current issues related to the changing roles of public interest lawyers engaged in Community Economic Development (CED) in a new democracy. After discussing current issues and trends in CED practice, the author concludes that CED is inherently privatized and is becoming more so with the national emphasis on economic self-sufficiency. The author provides lessons from law school clinical practice of enhanced strategic collaborations and highlights current trends and issues involving technology, leadership development, community organizing, asset accumulation, and social capital. Furthermore, leadership development and community organizing are …

Offering A Helping Hand: Legal Protections For Battered Immigrant Women: A History Of Legislative Responses , Leslye E. Orloff, Janice V. Kaguyutan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lawyering At The Margins: On Reason And Emotion, Leti Volpp

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Lawyering At The Margins: On Reason And Emotion, Leti Volpp

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Linda Haymond And Melanie A. Lloyd, For Themselves And For Others Similarly Situated; Plaintiffs/Appellants, Vs. Bonneville Billing And Collections, Inc., A Utah Corporation; Ted K. Godfrey; David Toller; And John Does 1 Through 10; Defendants/Appellees : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

LINDA HAYMOND AND MELANIE A. LLOYD, for themselves and for all others similarly situated; Plaintiffs/Appellants, vs. BONNEVILLE BILLING & COLLECTIONS, INC., A Utah Corporation; TED K. GODFREY; DAVID TOLLER; AND JOHN DOES 1 through 10; Defendants/Appellees. Appeal No. 20020531

Jerry Ford, Mark Russel, Robert P. Wlch, Travis Kell, J. Mathew Zundel, David K. Eaton, John D. Ford, Robert Aamodt, D. Scott Bunnell V. American Express Financial Advisors, Inc. : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPELLANT'S REPLY BRIEF On Appeal as a Matter of Right from the Judgment and Incorporated Orders Entered by The Honorable Stephen L. Henriod, Third District Court, Salt Lake County

Cedar Surgery Center V. Sherry Bonelli, Bonelli & Associates : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Brief of Appellee

Confidentiality, Consulation, And The Child Client, Theo S. Liebmann

Hofstra Law Faculty Scholarship

Part I of this Article uses several examples from actual cases to illustrate that many of the statutes, ethical mandates, and representational standards which govern the actions of lawyers for children often implicitly require an expertise in mental health that can be obtained only through consultation with mental health professionals. Part II examines what confidentiality duty lawyers for diminished capacity children owe their clients, and under what conditions ethical rules might permit the disclosure of confidential information by such lawyers to consulting mental health professionals. Part II concludes that the disclosure of confidential information to a mental health consultant is …

An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements-Part Two, Susan Saab Fortney

Hofstra Law Faculty Scholarship

The discussion of the effects of increased billable hours expectations and related study findings reveal how the hours derby has transformed law firm culture and economics, adversely impacting individual attorneys, firms, the legal profession, and the consuming public. Given the multifaceted and complex nature of the problems facing individual attorneys, and their firms, some attorneys and firm managers may be resigned to working in a "broken" profession. Rather than assuming that little can be done, creative and dedicated attorneys should explore changes within firms and within the regulatory and competitive environments in which firms operate.

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna

Hofstra Law Faculty Scholarship

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney

Hofstra Law Faculty Scholarship

This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …